Detailed Answer
Verifying every individual or entity with an interest in Arkansas real property is essential to ensure a clear title and a valid transaction. Arkansas law imposes specific requirements for identifying grantors, grantees, and any lienholders before recording conveyance instruments.
1. Full Legal Name and Government-Issued ID
Every natural person signing a deed or conveyance must present a government-issued photo identification (driver’s license, state ID, or passport) to the notary public. Arkansas Code Ann. § 16-49-120 governs the form and verification process for acknowledgments. Ark. Code Ann. § 16-49-120
2. Entity Documentation
If a trust, corporation, limited liability company, or partnership holds an interest, you must provide proof of authority to convey:
- Corporations: A certified corporate resolution authorizing the conveyance and the corporation’s Articles of Incorporation. See Ark. Code Ann. § 4-27-403.
- LLCs: A certified operating agreement or member resolution and the Certificate of Organization. See Ark. Code Ann. § 4-33-1201.
- Trusts: A trustee certificate signed by the trustee certifying the trust name, date, and grantor, as required by Ark. Code Ann. § 28-73-204.
3. Marital Status and Spousal Joinder
Arkansas is not a community-property state, but spousal rights (dower and curtesy) may attach. A spousal consent or joinder form is often required when one spouse conveys property. Though not codified in a single statute, this practice protects against future disputes.
4. Power of Attorney
If an agent acts on behalf of an owner, you need a statutory power of attorney in compliance with Ark. Code Ann. § 28-36-301. The POA must be recorded alongside the conveyance to show the agent’s authority.
5. Probate or Inheritance Documents
When property passes through a decedent’s estate, the personal representative or heir must record letters testamentary or letters of administration, along with a certified death certificate, under Ark. Code Ann. § 28-41-101. This confirms who may convey the decedent’s real property.
6. Title Search and Chain of Title
A thorough title search at the County Recorder’s office or through a title company identifies all recorded interests—liens, mortgages, judgments, easements—and verifies that all parties with an interest have been located and accounted for.
7. Transfer Tax and Reporting
Arkansas imposes a real property transfer tax. Grantors must complete the Real Property Transfer Tax Return (Form 007) and provide Social Security Numbers or FEINs. See Ark. Code Ann. § 26-60-201.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Start with a preliminary title report to spot all recorded interests.
- Collect original documents or certified copies before closing.
- Confirm all signers appear before the notary with valid IDs.
- For entities, request up-to-date certificates of good standing.
- Record any powers of attorney or probate documents alongside the deed.
- Ensure the correct spelling of names and legal descriptions to avoid delays.
- Retain a closing checklist to track each required item.